Wildlife Strikes, What the PIC Expects in Disputes
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a wildlife strike accident in New South Wales, the Personal Injury Commission (PIC) will assess your claim based on specific rules. Wildlife strikes, such as hitting a deer, kangaroo, or bird, are treated as single-vehicle accidents under the Compulsory Third Party (CTP) scheme. The PIC expects claimants to provide clear evidence to support their case, especially when disputes arise over the nature of the injury or entitlement to benefits.
Key CTP Rules for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, the PIC evaluates claims based on whether the injury meets the 'threshold injury' definition. For wildlife strikes, the PIC will consider:
- Medical evidence confirming the injury was caused by the accident.
- Witness statements or accident reports showing the incident occurred.
- Photographs of the animal or damage to the vehicle.
SIRA’s guidelines state that injuries must be 'caused by the accident' to qualify. If the PIC disputes the link between the wildlife strike and your injury, you may need additional documentation, such as a medical report from a registered medical practitioner.
Evidence and Practical Steps for Disputes
When disputes occur, the PIC will typically request:
- Medical records showing the injury’s connection to the accident.
- Accident details like time, location, and vehicle condition.
- Witness statements from drivers, pedestrians, or onlookers.
For example, if a claimant disputes the PIC’s assessment of a kangaroo strike causing a soft-tissue injury, they must provide evidence that the injury meets the spinal nerve-root criteria in the Motor Accident Guidelines. This includes neurological signs beyond radiculopathy.
Time Limits and When to Seek Advice
Claims must be submitted within 52 weeks of the accident, unless an extension is granted. If the PIC disputes the injury’s severity or entitlement to benefits, you can request an internal review within 28 days of receiving the decision. For complex disputes, seeking independent legal advice is advisable to challenge the PIC’s interpretation of the evidence.
How to Navigate PIC Disputes
If the PIC rejects your claim or limits benefits, you may need to:
- Submit a written objection explaining why the decision is incorrect.
- Provide additional evidence such as a second medical opinion.
- Appeal to the NSW Civil and Administrative Tribunal (NCAT) if the dispute remains unresolved.
The PIC’s focus is on whether the injury meets the legal definition of a 'threshold injury' under the CTP scheme. This means injuries must be directly caused by the accident and not pre-existing or unrelated.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence provided. If you’re unsure whether your wildlife strike claim meets the PIC’s requirements, it’s important to act promptly. Complete the quick, no obligation enquiry form to request contact about your circumstances.